Davis facing official misconduct charge

[RandySF]

Rowan County Clerk Kim Davis has not been issuing marriage licenses for two months since the U.S. Supreme Court ruled that same-sex marriage is legal and because of that she now faces a charge of official misconduct.

On Thursday the Rowan County Attorney's Office referred a charge against Davis to the Kentucky Attorney General's Office.
Today, County Attorney Cecil Watkins said that the Rowan County government and his office had no other action against Davis.
“No authority exists for her removal or suspension from the office by Rowan County government,” said Watkins. “Kentucky State Government is the only entity that can move to have Kim Davis removed as Rowan County Clerk.”

KRS 522.020 and KRS 522.030 deal with official misconduct in the first and second degree, respectively. “A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, knowingly commits an act relating to his office which constitutes an unauthorized exercise of his official functions or refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office,” according to KRS 522.020.

Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500.

Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.


http://www.themoreheadnews.com/davis-facing-official-misconduct-charges/article_d60fbc98-4dc7-11e5-8151-9304eda149f7.html

[PufPuf23]

1. Good. Hypocrite and attention seeker.

Surprising and right on.

Had not occurred to me as a possibility.

[napi21]

2. Norm Goldman just talked about this on his show. He said it will end up in the US District

Court judges lap again. He doesn't think the judge wants to jail anyone, and he sees two possible solutions. 1. He will ask for volunteers from the other clerks in the her Davis' office who will issue marriage licenses without personal judgment. If he gets at least 2 or more volunteers, then he will issue an order that at least one of them will be available at the hours the office is open, and that will resolve the problem. 2. If he doesn't get any volunteers, then he will take over her office and name a special master to hire, fire, and issue licenses. Davis will be relieved of her duties. She probably still collect her pay until the legislature comes back into session to permanently resolve the matter.

We'll see, but Norm sounds reasonable to me.

[moondust]

3. Even Lindsay Graham gets it.

He says she needs to follow the law or resign. Being a lawyer may prevent him from jumping on the crazy bandwagon this time.

[Gothmog]

4. She can go to jail for both contempt and breaking the law